Bowman v. City of York

In Bowman v. City of York, 240 Neb. 201, 482 N.W.2d 537 (1992), a board of adjustment granted a variance to a company, and the abutting property owners appealed the board's decision. The abutting property owners filed suit in district court against the city; the company receiving the variance intervened in the case. In its opinion, the Nebraska Supreme Court identified the city as an appellee, stating that the city, "through its board of adjustment, granted a zoning variance." Id. at 203, 482 N.W.2d at 540. The Nebraska Supreme Court then went on to uphold the district court's reversal of the variance granted by the board. Furthermore, Appellants listed the City as a defendant, seeking to have the district court issue an injunction order, which would restrain and enjoin the City from issuing Yarger a building permit in accord with the Board's granting of the variances and would require the City to take all action necessary to remove or enforce the removal of all improvements made by Yarger to the property. In Bowman, supra, the Nebraska Supreme Court held that a trial court could grant declaratory and injunctive relief in an appeal from a board of adjustment. The court reasoned that limiting the district court to "merely reversing the board's grant of the variance would be to award one successfully challenging the action of a board of adjustment a hollow victory, compelling the successful challenger to file a separate action in order to obtain effective relief from the illegally granted variance." Id. at 218, 482 N.W.2d at 548. The Nebraska Supreme Court stated that 19-910 empowers a board of adjustment to grant a variance only if strict application of the regulation, because of the unusual physical characteristics of the property existing at the time of the enactment of the regulation, "'would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the owner.'" 240 Neb. at 213, 482 N.W.2d at 545.